Legal Question in Family Law in Virginia

Legal Separation/Divorce

My daughter has just separated from her husband of 5 yrs. There are 3 children involved. Two of the children belong to him and the other child belongs to another gentlemen. My daughter and her husband have lost custody of their children to a family member.We are set to go back to court on 11/07 for an appeal for custody of the children. Can my daughter go ahead and file her separation papers now even though she doesn't have custody of her children? Also, if she doesn't get custody of her children back, can she get her divorce in six months since she and her husband do not have custody of their children?


Asked on 9/11/07, 10:59 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Legal Separation/Divorce

If your daughter separates now from her husband, that could possiblly have a further negative impact on her likelihhod of regaining custody of her children on appeal if the court were to decide that such a separation might possibly not inure to the best interests of the children----and might even negatively impact those best interests quite substantially.

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Answered on 9/11/07, 3:35 pm


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